Rights Protected by the European Convention on Human Rights
The rights set forth in the European Convention on Human Rights are outlined in Articles 2 to 14 of the Convention.
1) Article: Obligation to respect human rights,
2) Article: Right to life,
3) Article: Prohibition of torture and ill-treatment,
4) Article I: Prohibition of slavery and forced labor,
5) Article: Right to personal security and liberty,
6) Article: Right to a fair trial,
7) Article: Principle of no crime or punishment without law,
8) Article: Principle of respect for private and family life,
9) Article I: Freedom of thought, conscience, and religion,
10)Article I: Freedom of expression,
11)Article I: Freedom of assembly and association,
12)Article: Right to marry,
13)Article: Right to an effective remedy,
14)Article prohibits discrimination.
The rights protected by the October Protocols of the ECHR are as follows:
Under Protocol No. 1:
Protection of the Right to Property,
The Right to Education,
The Right to Free Elections,
Under Protocol No. 4;
The right not to be deprived of liberty for debt,
The right to free movement,
Prohibition of the expulsion of nationals,
Prohibition of the collective expulsion of foreigners,
Under Protocol No. 6;
Abolition of the death penalty under Protocol No. 7;
Procedural safeguards in relation to the expulsion of foreigners,
The right to a two-tier trial in criminal cases,
The right to compensation in the event of a miscarriage of justice,
The right not to be tried or punished twice for the same offense,
Equality between spouses. The honor of spouses.
Under Protocol No. 12;
General prohibition of discrimination.
The rights introduced by the October Additional Protocols may be invoked against the states that have signed and ratified the Protocols.
Legal Nature and Enforcement of ECHR Judgments
The European Court of Human Rights is not a court above national courts, i.e., it is not a court of appeal. In other words, under national law, its judgments are not subject to appeal. As a rule, the ECHR cannot overturn or amend the decisions of national courts. Furthermore, the ECHR does not have the authority to intervene directly with the contracting state in decisions rendered in favor of the applicant for the purpose of enforcing the decision. On the other hand, considering Article 90 of the Constitution and the obligations assumed by the contracting states, it is not possible for ECHR decisions not to be enforced.
Compensation Payment Determined by the ECHR
Compensation determined in ECHR decisions must be requested by means of a petition to be sent to the Human Rights Directorate of the Ministry of Justice after the decisions become final. Upon request, the compensation provided for shall be paid into the bank account specified by the applicant in the petition within three months.